Butte County Municipal Code Ch. 29 Bus Service Permits

All applications for exclusive permits to operate any bus service solely within the unincorporated area of the county shall be completed pursuant to the terms of this chapter, excepting bus service supplied by any governmental agency or district.

(Ord. No. 1012)

All applications for a permit to operate any bus line solely within the unincorporated area of the county shall be submitted on forms to be supplied by the county.

(Ord. No. 1012)

All applications shall be submitted with a fee of fifty dollars, which fee shall not be returned, whether or not the permit us eventually granted.

(Ord. No. 1012)

Upon receipt of an application for an exclusive permit, pursuant to this chapter, the board of supervisors shall cause such application to be advertised, pursuant to section 6061 of the Government Code of the state, and in such publication shall advise the public of the date on which bids for such exclusive permit shall be opened.

(Ord. No. 1012)

Bidding shall be based upon the application that is published, including but not limited to minimum schedules, the equipment proposed, the routes requested and upon the requirements of this chapter. The bid shall be awarded to the highest responsible bidder who offers the county the highest consideration in money for the granting of the permit. The routes set out in the application may later be changed only after a duly noticed hearing before the board of supervisors.

(Ord. No. 1012)

In addition to the amount bid for the exclusive permit to operate a bus service, the successful applicant shall pay to the county monthly an amount equal to three percent of the gross receipts of the bus service allowed under the permit. All equipment utilized under, this permit shall be duly licensed by the state and shall meet all California Public Utilities Commission requirements, and shall be operated pursuant to all federal, state and county laws and regulations.

(Ord. No. 1012)

The term of the permits granted pursuant to this chapter shall be for ten years.

(Ord. No. 1012)

Prior to commencing bus service pursuant to this chapter, the successful applicant must file with the clerk of the county evidence of liability insurance in an amount as required by the board of supervisors of the county. Such insurance shall contain a rider prohibiting cancellation unless ten days notice of such cancellation is given to the county. The successful applicant shall also post a corporate surety bond, which bond shall be in a penal sum as prescribed by the board of supervisors, and conditioned that such successful applicant shall well and truly observe, fulfill and perform each term and condition of the permit, and that in the case of any breach of the condition of the bond, the whole amount of the penal sum therein shall be deemed to be liquidated damages and shall be recovered from the principal and sureties upon the bond. Such bond shall also contain a provision that it may not be cancelled unless ten days notice is given to the county in writing.

(Ord. No. 1012)

The rates to be charged for the bus service shall be set out in the application; provided, that the board of supervisors, prior to advertising for bids, may require a different rate. Under no circumstances shall the successful applicant and owner of such bus service cause or allow the sale of any tokens or coupons of any sort of classification. Rates charged to the public shall be the same as in the application; provided, that rates may be increased or lowered after a noticed hearing pursuant to section 6064 of the Government Code of the state before the board of supervisors.

(Ord. No. 1012)

The successful applicant may establish bus stops and install bus stop signs; provided, that such applicant shall obtain from the county department of public works an encroachment permit where such signs are to be placed on a county right-of-way; and provided further, that prior to the placing of any bus stop signs and/or benches for the convenience of the waiting public, the successful applicant obtain clearance therefor from the county planning commission; provided further, that the successful applicant may permit his buses to stop at other areas at the option of the bus driver.

(Ord. No. 1012)

In the event the successful applicant and operator of the bus service, pursuant to this chapter fails to comply with the terms of this chapter or the permit as issued, such permit .may be cancelled by the board of supervisors after the board of supervisors has held a public meeting on the matter and notice given in writing to the applicant or operator of such bus service ten days prior to such hearing; provided, that in the event notice of cancellation is given the county for the bond referred to in section 29-8, or the liability insurance provided for in section 29-8, the permit issued thereunder shall be cancelled without a public hearing upon the effective date of the cancellation of the bond or the liability insurance, and such operator shall not continue to operate the bus service thereafter.

(Ord. No. 1012)

The operation of any bus service or the engaging in business of regularly transporting people along a designated route solely within the unincorporated area of the county in violation of the terms of this chapter is a misdemeanor.

(Ord. No. 1012)